• What is it & why is it important?
  
• What does it mean for diversion & alternatives?
  
  • Key issues
    
  • Tips for planning and implementation
    
• How does this link to the other elements of the Protective Environment Framework and the 3 principles?

What is it & why is it important?

As the ultimate duty-bearer in protecting, promoting and fulfilling international standards in relation to children in conflict with the law, the 'buy-in' of government into reform is essential. 'Government commitment' includes that diversion to judicial proceedings and the principle of deprivation of liberty as a last resort are reflected in legislation, policy and practice.

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What does it mean for diversion & alternatives?

Key issues :

1. What are the existing initiatives and good practice that can be built on?
2. What is the overall political climate?
3. Is government policy based on the principle of deprivation of liberty as a last resort?
4. Who are the decision-makers who need to be brought on board (individuals and institutions)?
5. Do they need to be approached in a particular order?
6. Are there existing 'champions' for reform or can they be developed?
7. What are the advocacy opportunities?
8. What are the needs for input at the level of head (knowledge), heart (attitudes) and hands (practice)?
9. Does a multi-stakeholder body already exist or can one be created to 'steer' the initiatives?
10. Who should be the implementing body at the national level and the local level for services (commissioned service or government service)?
11. What are the costs involved and how can these be met?
12. How can savings in some sectors be passed onto those who will face increased operational costs?
13. Is there the opportunity and capacity for cross-sector budgeting?
14. In the case of pilot projects, how will the project be funded in the long term?
15. How can children themselves be involved in engaging government commitment? What support and protection will they need to do this?

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• Refer to the systemic mapping and planning tool for a framework with which to assess existing initiatives.

• The arguments set out earlier in this toolkit in relation to why diversion and alternatives are so important should help significantly with the 'head, heart and hands' advocacy and communication process (to positively influence knowledge (head), attitude (heart) and practice (hands) of decision-makers and implementers). For example:
  • the section on 'child rights and the international legal framework' highlights the legal obligations of States parties to the various instruments (including the CRC);
  • the sections on 'public safety and recidivism' and 'cost effectiveness' can help to persuade governments of the benefits of diversion and alternatives;
  • the summary document of 'why diversion and alternatives are important' is a useful reference tool for advocacy and communication purposes;
  • the section on 'overcoming common obstacles' includes additional tips relevant to this topic.

• When planning and implementation processes are truly participatory, this in itself contributes significantly to achieving commitment.
  

• Capacity building is likely to be needed for government policy-makers, legislators, and relevant ministry staff - and for the civil servants who support them (and who often remain in place regardless of the turnover of political personnel). This can be achieved through technical assistance and inter-agency cooperation. (See also the toolkit section on 'capacity of those in contact with children').

• Be aware of the possible dangers involved in 'public-private partnerships'. The government must maintain authority and quality control over services: “there are [...] significant risks in the state progressively offloading parts of its responsibility to private welfare and charitable associations – often operating with private funding – particularly in relation to entrusting them with the education and rehabilitation of juvenile offenders and their reintegration into the community.”[1] “Indeed, where the private sector is involved, if new facilities are ‘put on the market’, they will have to be filled to make them profitable.”[2] This last point is particularly relevant to the out-sourcing of detention facilities which can, in turn, have a negative impact on diversion and alternatives.

• Pilot projects:
  • Pilot projects can be a useful mechanism for introducing 'new' concepts on an 'experimental' and therefore less 'threatening' basis.
    
  • Amongst other things they can often be used where adequate legislation is not yet in place.
    
  • However, great care must be taken to engage government support from the outset and to properly document, monitor and evaluate processes and results. Many pilot projects 'fizzle out' at the end of their initial funding cycle and fail to be replicated or scaled up because of: lack of senior government commitment, or turnover of key personnel; failure to adequately document the project experience; failure to collect robust qualitative and quantitative baseline data and to conduct regular reviews and evaluations.
    
  • If the process and evaluation is done well, however, a pilot project is a common way to 'prove' the effectiveness and efficiency of diversion and alternatives.
    
  • An example of a pilot project which is currently going through the 'scaling up' process is the Tajikistan Juvenile Justice Alternatives Project (see the project document below for more details). A key feature of this project which is particularly relevant to government commitment is the inter-sectoral steering committee - a variation on which is adopted by many similar projects.

Download: 'Guide to the Establishment and Implementation of the Juvenile Justice Alternatives Project' (Children's Legal Centre and UNICEF Tajikistan)

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How does this link to the other elements of the Protective Environment Framework and the 3 principles?

A. Child rights-based approach: The government is the key duty-bearer in the human rights-based approach to programming (they are one side of the 'human rights arch'). This element of the PEF is therefore fundamental to any work on diversion and alternatives. Implementation to the 'maximum extent of available resources' by the government of all the rights in the CRC, including those relating to diversion and alternatives, is one of the 'umbrella rights' of the CRC. Planning and implementation of diversion and alternatives should also take into account the others: right to life, survival and development (Art. 6), non-discrimination (Art. 2), best interests of the child (Art. 3) and the rights to be heard (Art. 6).

B. Systemic approach: It is highly likely that other initiatives already exist in the broader context of general rule of law and governance reforms which are relevant to this element of the PEF (capacity building of government partners). Diversion and alternatives programming must capitalise on existing work and partners in this area as well as in the area of child protection. See below for more detail on each of the 8 PEF elements.

C. Restorative justice approach: Communication with the government on diversion and alternatives should include awareness-raising and discussion of restorative justice approaches in order to assess the extent to which they can be integrated into reforms. There may be existing work in this area in the form of traditional or non-formal justice systems, or in the form of restorative justice approaches for adults in conflict with the law. In this case, possible collaboration must be explored for the benefit of children in conflict with the law - where this is possible and appropriate.

Other elements of the PEF:

#2. Legislation & enforcement: 'Government commitment' must be reflected in legislation and enforcement. It is also a pre-requisite for legislation and enforcement and so the 2 elements are closely linked.

#3. Attitudes, tradition, customs, behaviour & practice: 'Government' is made up of individuals, all of whom are shaped from an early age by general opinions, traditions and customs. Attitudinal and behaviour change therefore apply to government actors as well as to general community members, professionals and others. Furthermore, government can be strongly influenced by public opinion which is, in turn, shaped by attitudes, tradition and customs and so addressing this area has an indirect impact on securing government commitment.

#4. Open discussion, including engagement of media & civil society: 'Open discussion' and media and civil society engagement is a key strategy for securing government commitment.

#5. Children's life skills, knowledge & participation: The government is obliged to ensure these aspects of children's rights (CRC Art. 6 right to life survival and development, Art. 12 -participation, Art. 13 & 17 - right to information, Art. 42 - wide dissemination of the CRC etc.). Furthermore, capacity building of children as 'claims-holders' (in a rights-based approach) can contribute to pressure on governments to fulfill their commitments.

#6. Capacity of those in contact with children: For goverment commitment to be realised in practice, the capacity building of implementers is essential. The principles and techniques of capacity building can also be applied to individuals within the government, even if they do not have direct contact with children: for example, topics included in training agendas for professionals (e.g. awareness-raising on child rights, child development, child psychology, children in conflict with the law and the benefits of diversion and alternatives) may be equally useful for government officials to understand in order to enhance commitment to fulfilling child rights.

#7. Basic & targeted services: The provision and supervision of implementing services is a requirement, and an expression, of government commitment. Government commitment, in turn, is a pre-requisite for the provision of sustainable services.

#8. Monitoring & oversight: The government bears ultimate responsibility for the monitoring of statutory services. Sustainable data management, monitoring and evaluation systems require collaboration with, and buy-in of, the government. It therefore forms part of the government's commitment to fulfilling children's protection rights.

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Footnotes:
1. Bernard Boëton, 'The Juvenile Justice System, a Key to Human Security Policy Reform’, in Seen, But Not Heard: Placing Children and Youth on the Security Governance Agenda, David Nosworthy (Ed.), Geneva Centre for the Democratic Control of Armed Forces (DCAF), 2009, p.129 [Translated from the French by Intonation, Lyon and interpreted by David Nosworthy].
2. Ibid, p.130.